SHAHRUKHKHAN RAHIMKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Habeas Corpus petition under Article 226 of the Constitution of India has been preferred by the petitioner with a prayer to direct respondent No.2, Police Inspector, Special Operation Group ("SOG") at Dabhan, Taluka: Nadiya, District: Kheda, to produce the corpus of Bijal, whom he proposes to marry and who is also interested in getting married to him.

(2.) It is the case of the petitioner that he and the corpus are residing in the same locality of Village Haijarabad and both are major and literate. The petitioner has studied upto B.Com. and the corpus, who is aged twentyone years is, at present, studying in the 4th year of the Physiotherapy course at Shree Ghantakaran Mahavir Physiotherapy College and Rehabilitation Center, Vavdi, Godhara. It is stated in the petition that the petitioner and the corpus are in love with each other and have known each other for more than three years. As they belong to different religions, their relationship is being opposed by respondents Nos.4 to 9, who are relatives and neighbours of the corpus. It is further stated that the corpus was kept under house-arrest at the instance of respondents Nos.4 to 9. She was harassed to the extent that she even attempted to commit suicide. The family of the petitioner have suffered due to the tense atmosphere that prevailed in the village. It is further the case of the petitioner that in spite of such problems faced by them, they decided to get married to each other. Therefore, on 11.08.2017, they made an application under the Special Marriage Act, 1954, before the Marriage Registrar, Surat. A public notice came to be issued. The marriage was to be registered on 19.09.2017. In the meanwhile, the corpus left the house of her parents. She, in the company of the petitioner, went to undisclosed places in different parts of the country due to the threat to their safety. On 19.09.2017, when the petitioner and the corpus went to the Marriage Registrar's office for the registration of the marriage, Police personnel of the Special Operations Group took the petitioner and the corpus into custody. The petitioner was asked to go home. At that point of time, the corpus opted to go to the Nari Vikas Gruh, Paldi. It is in these circumstances that the present petition came to be filed.

(3.) Rule was issued in the petition on 25.09.2017, making it returnable on 29.09.2017. Today, when the petition is taken up, Mr.J.K.Shah, learned Additional Public Prosecutor, submits that the corpus is present in the Court.